include legal terms one of the most common is the "preamble".Translated from the Latin and French, the word Preamble - "located in front of someone or something", "going ahead".If we talk about the legal meaning of the Preamble - is the opening, the opening, the initial part of the instrument, any instrument.Among the documents, the content of which it is, should include the declaration, international treaties, laws, agreements civil law, the constitution.
Functionality
Preamble contract includes goals, objectives, principles of this particular document.In addition, it records the conditions, circumstances, other premises, due to which the contract is created and signed.Thus, the preamble of the agreement - an important part of the relevant legal act.It also specifies the scope of the regulations.It determines the parties having the right to conclude the contract.The document, according to the regulations, first the full name of companies or institutions, organizations, then they are abbreviations or shortened names.Under them, these organizations are mentioned, and the treaty texts appear in "supplier such, such a buyer."This reduces red tape and simplifying the paperwork, becauseIt eliminates the need to write each time the full name of the cooperating parties.
preamble of the Treaty requires full and detailed prescription names of all persons who sign the contract, their position, surname, name and patronymic.Next, be sure to mention the names of the documents, according to which people have the right information to sign this agreement.As these securities are the licensing statutes, regulations, powers of attorney, etc.
is a contract based on the statute, without any power of attorney are entitled to heads of enterprises, organizations, etc.Other officials - deputy director, glavinzhenery, vice-presidents, etc.They can do, based on the issued to them by management, formalized power of attorney.
fundamental importance for the contract is signed by the parties in the presence of a license to perform a particular transaction or other type of activity.Preamble The contract includes license number, it is written series, date of issue, date and place of the action, an indication of the authorities, the license is issued.
Practical examples:
1. Preamble contains an indication of the person or the party concluding the contract.Anyone who uses the services, in the text of the treaty named customer.For example, a person who wants to buy or sell your property, uses the services of a realtor.And a real estate office, a representative of its particular working with the customer, in the preamble named executor.Agency - a legal entity, and the law to enter into a contract, sign the official documents of this kind can only be the executive body or the person specified in the statute.Other persons in this situation must submit a power of attorney, a copy of which the customer, ie,customer, reserves for himself.Without such a copy in case of any trouble to enforce the contract it will be problematic.
2. The preamble is prescribed so-called subject of the contract - actions for the sake of which the contract is concluded, the commitments taken in this regard by the Contracting Parties.Iethe client agent is obligated to find a suitable buyer for his property or the sale of an option when buying a property.For this service, the client is obliged to pay a real estate company in advance the stipulated amount of money.Thus, both parties assume certain obligations as prescribed in the document in the appropriate section.More important point - the time frame for which both sides must fulfill their obligations.They too should be mentioned specifically in the document or even to stipulate in detail.
3. drawing up and signing the documents, both sides need to be very careful not to miss any important nuances and subtleties of which can then be misunderstandings.
preamble to the Constitution of the State Basic Law - the Constitution - also contains in its preamble.Thus, the preamble of the Constitution of the Russian Federation prescribes the most significant and organize the entire text of the document status and position.It's kind of a brief abstract of the contents of this document.
